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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	83
34	Can members of the judiciary be held accountable for their actions?	83
35	Are there regulations governing conflicts of interest for the national-level judiciary?	43
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	42

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

Decree 222/2003 www.infoleg.gov.ar

Law 26.080 (Judicial Council)

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org;

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Peer Review Comments: Political relations between judges and politicians rule selections

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: In December 2006, the Congress modified the Judicial Council (Consejo de la Magistratura). This is the independent body in charge of selecting judges for the first and second levels, not for the Supreme Court.

References: National Constitution Law 26.080

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Judges have to give reasons for their sentences and decisions. They have to be justified with evidence and supported by the law.

References: National Constitution

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Peer Review Comments: I believe the reporting would be more thorough if it were complemented and sourced more often in the opinions of other experts and organizations other than Poder Ciudadano, especially some that have more specialization in certain areas as judicial or budgetary affairs.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: National Constitution www.inforleg.gov.ar (Political trial for Supreme Court Magistrates);

Consejo de la Magistratura / Jury de Enjuiciameinto (National-level judges of first and second level) [ LINK ]

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: National Constitution www.inforleg.gov.ar (Political trial for Supreme Court Magistrates);

Consejo de la Magistratura / Jury de Enjuiciameinto (National-level judges of first and second level) [ LINK ]

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org;

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org;

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Law 25.188 www.infoleg.gov.ar

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Law 25.188 www.infoleg.gov.ar

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: Law 25.188 www.infoleg.gov.ar

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: Decree 862/2001 modifying Law 25.188

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: Generally, when judges leave office they practice the legal profession in the private sector. Many of them have defended companies against state interests.

References: Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org;

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: The judiciary asset forms are not audited.

References: Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Law 25.188

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: The access to judicial asset disclosure forms is more complicated than in the case of legislative and executive branches. The Judicial Council has applied a consulting mechanism for the judges whose asset forms are requested. Poder Ciudadano has led the civil society campaign on the issue. Since 2000, this NGO has tried to obtain asset disclosure forms. Many of them were authorized by the Judicial Council. Access has been impossible to those who were not authorized.

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org [ LINK ]

[ LINK ]

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: In the case of accessing the judicial asset disclosure forms, the main problem is not the cost, but the question whether a positive answer will be given to the request.

References: Poder Ciudadano, 2006, Una mirada atenta sobre el Consejo de la Magistratura www.poderciudadano.org [ LINK ]

[ LINK ]

Interview: Pablo Secchi, Poder Ciudadano Foundation, Aug. 17, 2007